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HomeMy WebLinkAboutresolution.council.078-03 RESOLUTION # 78 i Series of 2003) A RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND PITKIN COUNTY SETTING FORTH THE TERMS AND CONDITIONS REGARDING PHASE II CEMETERY LANE PEDESTRIAN TRAIL AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an easement agreemem between the City of Aspen. Colorado, and Pitkin County, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that easement agreement between the City of Aspen, Colorado, and Pitkin County regarding Phase II, Cemetery Lane Pedestrian Trail. a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~ ~ ~ayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held September 8, 2003. ~/K~thryn S. Koch, City. Clerk AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITI{IN COUNTY. COLORADO AUTHORIZING THE GRANTING OF AN EASEMENT TO THE CITY OF ASPEN FOR THE PURPOSE OF TRAIL CONSTRUCTION, OPERATION AND MAINTENANCE WITHIN THE CEMETERY LANE ROAD RIGHT-OF-WAY Ordinance No. ~ff -2003 Recitals I. Thc City al' Aspen is desirous o[' placing a non-vchicttlar trail connection bctwccrl Highway 82 and the Rio Grande Regional "Frail ac[jacent to Cemetery Lane. 2. The City of Aspen has completed improvements to me first phase of this import~'mt cormecror trail i¥om Highway 82 to Mountain View Drive. 3. A condition of a l-Tderal grant t-bt congestion management and air quality awarded to the project reqmres all easements to be in place before bidding of pro.lec~ construction can occttr. 4. Tlxe County has granted [041 Hazard Review approval ~'or the trail section as it passes through the Cemetery Lane road right-of-way and the adjacent property owned by the Aspen Valley Land Trust. 5. The granting of this easement will promote s~e movement of non-vehicular travel along Cemetery lane by providing a separate, hard-stu:faced trail that is removed from the existing road platform. NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin Coanty, Colorado that the Board of County Commissioners does hereby authorize the granung of an exclusive easement to the City of Aspen for the purposes described above. The easement is described more fully in the attached Exhibit A. Further the Board authorizes the Chairman to execute any necessary documents for the granting of the easement and federal grant. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEAREXIG ON THE 13th DAY OF AUGUST, 2003 NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON DAY OF . 2003. APPROVED UPON SECOND READING AND PUBLIC HEARING ON DAY OF ,2003. Ordinance ,~ - 03 Page 2 PUBLISHED AFTER' ADOPTION iN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE ~ & DAY OF~;/~/,.~... ~.~ ~ 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKD. COUNTY. COLORADO Jefinette J~es "' Jp~lat'fietd, Chai¢&. ~}puty Clerk ~ Recorder Botrd of County c~mmissioners APPROVED AS TO FORM: 'x~'('?J°hn M' ElYcounty Attorney RECOMMENDED FOR APPROVAL: County Engineer TRAH AND TRAH S FACILITIES EASEMENT AGRF EMENT TttISAGREEMENT, madethe ~t]~ dayof ~t/-~-m,~ ,2003, byand between the Board of County Commissioners of Pitkin County, Colorado, a Home Rule County, Owners (here/nailer referred to as "Grantor", and the City of Aspen (hereinafter referred to as "Grantee"). WITNESSE~ W~EREAS, Grantor is owner ofreai property located in Section 1 and 12, Township 10 South, Range 85 West of the 6~ Principal Meridian, Pitkin County, Colorado, more fully described as thc public right-of-way for Cemetery Lane Road (here/nafter referred to as the "Property"); and, Wl:IEREAS, Grantor wishes to grant to Grantee a trail easement-across Its property, generally located to provide a public trail along the west side of said Prope~y; and, . WI-W, REAS, Grantor and Grantee desire to set forth in the Agreement the nature, terms and conditions governing the location, development and use of the trail easement. NOW, TI-IEREFORE, for and in consideration of the mutual cOvenants'and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Grant of Trail Easement. Grantor hereby grants to Grantee a perpetual, exclusive public trail easement being twenty feet (20') in width, as measured from the west property line of the right of way, as the same is shown on Exhibit "A' incorporated herein by tiffs reference (hereinafter referred to as the "Trail Easement"). It is agreed and understood between the parties that the twenty foot (20') easement is granted to provide a trail tread of up to twelve feet (] 2') in width and twenty feet (20') for access by emergency and/or maintenance vehicles. 2. U~. The Trail Easement granted by the Agreement may be used by the pubtic for all trail purposes and uses specified herein. The Trail Easement is granted for use by the public of a non-motorized travel route across Grantor's property for pedestrian, bicycle, cross-country sld, and similar use: and for City maintenance vehicles, emergency vehicles and equipmem. Ail of the foregoing uses shall hereinafter be referred to as "Permitted Uses". Further, Grantor shall have the right ro use and occupy the Trail Easement for all purposes which are not inconsistent with Grantee's full enjoyment of the rights hereby granted. Specifically, Grantor wilI be allowed vehicular and pedestrian use across the Trail Easement if the easement crosses or overlaps the Grantor's access to facilities within the Property, by improved or unimproved roads which will not be modified by the Trail Easement granted hereunder, l'he right of ingress and egress and the 7. Insurance. The parties expressly acknowledge that Grantor is entitled to the benefits, protection and limitations on liability afforded by Colorado law governing recreational easements, Section 33-41-101 et. seq., C.R.S. By granting the Trail Easement hereunder, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Trail Easement except as specified/n the Agreement. Grantor has no obligation tc insure or indemnify Grantee for any injury, claim or damage ro any person or property, whether alleged to have occurred while using the Trail Easement for the identified purposes or othervrise and due to the condition of the trail or otherwise, unless such injury, claim or damage occurred because of a dangerous condition created by the actions of the Grantor. Grantor's employees or invitees. By accepting the Trail Easement granted hereunder, Grantee agrees to add Grantor as an additional insured on any policy of liability insurance carried by Grantee and insuring against all claims or losses. Grantee shall, within one (1) month after recordation of this Agreement, and on or before January 1 of each subsequent year thereafter, furnish Certificates of Insurance to Grantor as verification of the acquisition and maintenance of such insurance. ... .... -: The policy shall provide that, in the event of cancellation Or non-renewal, the insurance company will endeavor to notify the Grantee and Grantor. Grantee Will guarantee that there is nor a lapse m coverage to Grantor. 8. Duratiom Runs With The Property. This Trail Easement is perpetual and irrevocable, and the burdens and benefits shall run with title to the Property and shall be enforceable against Grantor and Grantor's successors and assigns. However, if Grantee fails to begin consumction of the trail on or before March 18, 2006, this Trail Easement shall be automatically extinguished and all fights granted under it shall become null and void. 9. Relocation. The parties reserve the fight to relocate, at the/r respective costs, the Trail Easement to another location on or offofthe Property which shall be acceptable to both parties, at any point in the future; and the parties shall agree they shall relocate the Trail Easement to a mutually acceptable location in the event unforeseen conditions require. The Grantee reserves the fight to relocate the Trail Easement to another location off of the Property at any point in the future, tn the event of any relocation by Grantee. the Grantee will be responsible for reclamation and revegetatien of the previously developed areas of the Property. Grantor shall have the right to approve any restoration and revegetation plan and shat] have the fight to require certain improvements ro remain in place. In the event of relocation of the Trail Easement offof the Property, Grantor and Grantee shall enter into a written release of this Agreement and record the same in the real property records of Pitldn County. 10. Condemnation/Annexation. In the event Grantee or any governmental authority of which Grantee is a part, seeks to condemn or annex any portion of the Property, Grantee shall not assert the existence of the Trail Easement as a factor diminishing the value of the Property. 3 IN WITNESS WltC, REOF, the parties have executed this agreement as of the day and year frrst above written, GRANTOR: mette Jones ~uty County CI~ APPROVED AS TO FORM: GRANTEE: CITY OF ASPEN ATTEST: City Clerk APPROVED AS TO FORM: Exhibit "A" Description of Trail Easement A parcel of land situated in the northwest quarter of the southwest quarter of Section 1, and lots 12 and 13 of Section 2, all in Township 10 South, Range 85 West of the 6m PrincipaI Meridian, in place and Southerly of the Northerly line of said Lot 13, said parcel of land is described as follows: Beginning ar a point on the westerly ri~dat-of-way line' of said County Road whence the Section Corner common to Section 1, 2 I 1 and 12 in said township and range bears: 5.07°48'21"W 1692.76 feet; thence West 20.00 feet: thence N.85°45'00"E 55.00 feet; thence N.86°15'00"W 825 feet; thence East 20.00 feet; thence N.85°45'00"E 55.00 feet; thence N.86°15'00"W. 825 feet; then West 20.00 feet to the Easterly property line of the Red Butte Tract; thence S.03°45'00"E. 825.00 feet; thence S.04°15"00"W. 5,5.00 feet to the point of beginning. The above-described parcel of land contains 0.38 acres, more or less.